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Copyright & Terms of Use

This Web site is owned and operated by City Point. By accessing or using this site, you agree to the terms set forth in this Terms of Use agreement as changed from time to time. City Point retains the right, at its discretion, to change any of these terms in the future.

OWNERSHIP OF COPYRIGHT

This site contains material that is owned or licensed by City Point. You may not copy, reproduce, upload, post, distribute, republish, retransmit, or modify in any way any of the material on this site, including computer code and software. Provided that you retain any and all copyright, trademark and other proprietary notices, you may download material for your personal, non-commercial use, or for publicity purposes.

LICENSE TO CITY POINT

By posting messages, sending e-mails, inputting data, answering questions, uploading data or files or otherwise communicating with City Point through its Web site (a “Communication”), you are granting City Point a perpetual, non-exclusive, royalty-free, unrestricted, worldwide license to use, display, sublicense, adapt, transmit and copy such Communication. The foregoing grant shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under trademark, copyright, servicemark or patent laws in any relevant jurisdiction.

EXCLUSION OF LIABILITY

Your use of this web site is “as is”, and City Point makes no representations or warranties, express or implied, about its site or the material contained or referred to on it, and will not be held liable in any way for your use of it. To the fullest extent permissible pursuant to applicable law, City Point disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. City Point further does not warrant that its web site or the products and materials contained on such site are error-free, or that errors will be corrected, or that this site or the server from which it is run is free of viruses or other potentially harmful codes. Under no circumstances, including negligence, shall City Point or any affiliated company or individual be held liable for any direct, indirect, incidental, special or consequential damages and expenses whatsoever (including without limitation, health problems, lost profits, and damages arising from lost data, computer viruses, deletion of files or business interruption) arising out of or in any way connected with the use of this site, or for any information, software, products or services obtained through this site, whether such damages are based on contract, tort, strict liability or otherwise, even if advised of the possibility of such damages. City Point reserves the right to change or discontinue at any time any aspect or feature of this web site.

Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

LINKS TO OTHER WEB SITES

City Point has provided links with other internet sites that are maintained by third parties, and may from time to time provide materials from such third party sites on this Web site. Neither City Point, its parent, subsidiaries or affiliates in any way control the material contained on or the services or products offered through such third party sites. These terms and conditions apply solely to City Point site and you should always review the terms and conditions of any site that you access through a link from this site.

INDEMNITY

You agree to defend, indemnify and hold City Point and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of the Web site or the Internet or the placement or transmission of any message or information on this Web site by you or your authorized users. City Point shall provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

TERMINATION

This agreement may be terminated by City Point at any time without notice. In the event of termination, you are no longer authorized to have access to the site, and all limitations on City Point’s liability and on your use of City Point material shall survive.

These Terms and Conditions, along with any additional rules or conditions referred to herein and City Point Privacy Policy, constitute the entire agreement and understanding between you and City Point as to your use of City Point Web site, superseding all prior or contemporaneous communications and/or proposals. These Terms and Conditions are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of City Point Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

JURISDICTION

This agreement shall be governed by the laws of the State of California without giving effect to its conflicts of law principles, and venue shall be in the state or federal courts located in the State of New York. If any provision of this agreement is deemed unlawful, void or unenforceable, then such provision shall be severed from the agreement and the remainder of the agreement shall remain in effect.

CONTACT CITY POINT

If you have any questions, please contact us at the information on our contact page. Please include the words “Terms of Use” in the subject line of your e-mail.